When someone gets stopped for impaired driving, they may have to submit to a number of different tests. This could start with field sobriety tests that are conducted at the scene. It could also include a portable breath test or perhaps a Breathalyzer back at the police station.
Sometimes, people assume that the results of these tests are going to be binding because the tests are never wrong. If they fail a breath test or a field sobriety test, for example, they believe that they’re basically guaranteed to be convicted. But the thing to remember is that these tests can certainly be wrong and a conviction is never guaranteed.
Issues with field sobriety tests
With field sobriety tests, the problem is just the accuracy. When all three tests are used together, it does produce the best results, but even that is not 100%. Some of the tests can be accurate as little as 65% of the time. A driver could fail the one-leg stand test because they have an ankle injury, for instance, or they could fail the walk-and-turn test because they’re fatigued after a long day at work.
Issues with breath tests
Breath tests can also be wrong, often because of issues with the device. Maybe maintenance hasn’t been done or it hasn’t been calibrated recently. Additionally, the officer administering the test could make a mistake, or perhaps that officer doesn’t have the proper training. Even when a breath test shows that someone is over the legal limit of 0.08%, that is not necessarily true.
What options do you have?
If you’re facing drunk driving charges, it’s crucial to remember that you do have defense options. Just be sure you know what steps to take.